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Legal Advice Helpline: ☎ 1800 339 958

Our Probate Lawyers specialise in handling wills, probate disputes and challenges to estates. If you need legal advice on whether you can contest a will contact our obligation-free service. Where there is a dispute regarding inheritance, it is important that you seek legal advice as soon as possible as time limits apply in such legal cases. For further information call our helpline or complete the contact form below.

Probate Disputes

When a person dies in Victoria, a Grant of Representation (probate or letters of administration) must be obtained before anyone can deal with the deceased’s estate (property, cash, shares etc). If a valid Will has been left behind, then the Executor(s) named in the Will are responsible for applying for a Grant of Probate. If there is no Will, and therefore no Executor, usually the next of kin applies for a Grant of Letters of Administration.

Some issues may arise when applying for a grant of probate, for example, the Will may be legally invalid. A Will can be challenged if it hasn’t been properly executed or witnessed. A Will can also be challenged if the deceased was mentally incapacitated or undue influence was exerted upon them when they made the Will. Time limits apply when challenging the validity of a will, so you should speak to a Victorian probate solicitor as soon as possible.

Executor's Duties

An executor has several responsibilities under the law. Their duties include applying for probate, identifying all assets and debts, preparing tax returns, seeking accounting advice where needed, defending any legal challenges to the will, resolving any disputes between beneficiaries, and distributing the inheritance.

If a dispute has arisen regarding your role as an executor or if you are a beneficiary and you have concerns regarding the conduct of an executor, you should seek legal advice from a Will Dispute and Probate Lawyer Victoria. Call our obligation-free helpline ☎ 1800 339 958 for further information.

Family Provision

Sometimes a Will can be unfair in that it may leave one or more dependents without adequate inheritance. In such circumstances it may be possible to make an application to the Supreme Court of Victoria for a Family Provision Order. The court will assess whether the Will makes adequate provision for the proper maintenance and support of the person and may order that further provision be made.

Contact Us

Legal Helpline: ☎ 1800 339 958

Our Probate Lawyers Victoria operate throughout the State of Victoria. Most estate litigation and will disputes are handled by our legal team on a No Win No Fee basis.

This website operates by way of referral to specialist solicitors who may pay a commission to the operator upon receiving client contact information. The owners of this website are not engaged in legal practice.